Neely v. . Craige
Supreme Court of North Carolina
Motion to strike out an entry upon an Execution Docket, and to set aside an execution; allowed by Buxton, J., at Fall Term, 1866, of the Superior Court of Iredell. From that order the plaintiff appealed to this court. The facts are sufficiently set forth in the opinion of the court.
1Opinion of the CourtEeadb, J.
Judgment passed at Fall Term, 1860, with a stay of execution tor two years. After the expiration of the two years, the plaintiff’s counsel wrote a letter to the clerk not to issue execution until ordered by him. The clerk entered upon his execution docket that no execution was to issue until ordered by the plaintiff’s counsel.
At Fall Term, 1866, after notice to the plaintiff, the defendant moved to strike out said entry upon the execution docket; and also to set aside the execution which had been issued returnable to that term. Plis Honor allowed both motions. We see no error in this.
The…
2Cited by1 opinion
- McIntyre v. . GuthrieSupreme Court of North Carolina · 1870